14-081 - King County Water District #125 - Utility Relocation (East Marginal Way South Storm Pipe Replacement)

Browse Search

6. INDEMNIFICATION Each of the Parties shall defend, indemnify and hold the other Party, their officers, officials, employees and agents harmless from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from that other party's negligent acts or omissions in performing under this Agreement. No Party will be required to defend, indemnify or hold the other Party harmless if the claim, suit or action for injuries, death or damages is caused by the sole negligence of that Party. Where such claims, suits or actions result from the concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each party's own negligence. Each Party agrees that its obligations under this subparagraph include, but are not limited to, any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this reason, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 7. AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by the City or the District at the requesting Party's sole expense during the term of this Agreement and three (3) years after expiration or termination. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 8. JOINT BOARD /SEPARATE LEGAL ENTITY It is not intended that a separate legal entity be established to conduct this cooperative undertaking. The City shall act as administrator of this Agreement. 9. FINANCE AND BUDGET No special budget or funds are anticipated, nor shall any be created. The Parties are each responsible for their own finances in connection with this Agreement, and nothing in this Agreement shall be deemed or construed otherwise. 10. PROPERTY ACQUISITION, HOLDING, AND DISPOSAL Following final payment by the District and final acceptance of the Project by the City, the water system improvements listed under "WATER PLAN & PROFILE ADDITIVE BID SCHEDULE D" as depicted on Exhibit A shall become the property of the District. Upon final acceptance of the Project, the City shall transfer and assign any rights it may have under the Project contract relating to the District work to the District, including any warranty and maintenance obligations by the Contractor relating to the District work. The District's acceptance of the District work shall not constitute acceptance of any unauthorized or defective work or materials, nor a waiver of any manufacturer's, supplier's or contractor's warranties. The City shall also provide redline drawings of the 454956.2 1 089539 1 0001 -4-